Educação financeira como direito fundamental no Brasil: contornos jurídicos, desafios e possibilidades

Abstract

The principal aim of the present research is to examine the feasibility of recognizing financial education as a fundamental right within the Brazilian legal system, as a corollary of the fundamental right to education. Among its specific objectives are: analyzing the legal protection afforded to financial education; examining the pertinent national legislation and international treaties; comparing Brazil’s level of financial literacy with that of other countries; and analyzing proposed normative measures aimed at consolidating this right and the substantive content of the fundamental right to education.At the outset, the study is devoted to the conceptual delineation of financial education, underscoring the effects resulting from the absence of adequate training in this field, particularly with regard to the full exercise of citizenship, individual autonomy, and the capacity for informed decision-making. In this context, it provides an overview of the state of financial literacy in Brazil and abroad.In the subsequent stage, the research investigates the legal foundations that support the topic, based on international treaties ratified by Brazil, the Constitution of the Federative Republic of Brazil of 1988, related infraconstitutional legislation, and ongoing legislative proposals. Finally, it undertakes a critical reflection on the notion of the scope of implicit and derived fundamental rights, with the aim of assessing the possibility of classifying financial education within this legal domain as a consequence of the material content of the fundamental right to education, as well as considering what financial education would entail in light of Edgar Morin’s teachings for the education of the future.The research adopts a qualitative approach of a theoretical-dogmatic nature. The deductive method is employed, anchored in bibliographical and documentary review as the main investigative techniques. It concludes that, given its relevance for the realization of citizenship and the promotion of social inclusion, financial education should be recognized as a fundamental right derived from the right to education, and it is therefore recommended that it be included as a mandatory subject as part of students’ educational formation.